Skip to content
Pregnancy and emancipation often go hand in hand when the youth has a better chance of both raising the newborn and protections in a new household than when living with parents, and this often leads to seeking emancipation. If the parents want to prevent the pregnant daughter from acquiring emancipation, they will need a clear reason why the pregnant youth should stay home.
The Family Life
A child that becomes pregnant before reaching his or her majority in the state may need to seek emancipation because of family life. If there is abuse, violence, neglect or a negative atmosphere, these factors are not beneficial for the child born into the household. If the new mother needs to break away and seek her own circumstances, she can seek emancipation under the rules of the state. Generally, the courts will take everything into account to include checking and reviewing the home family life situation. It is better to hire a lawyer to present the case appropriately.
Blocking Emancipation
The parents of the child can attempt to block her emancipation through presenting a valid argument in the courtroom before a judge. For a pregnant mother, it is better to have support through loved ones to help bring the child into the world and for a better upbringing with someone backing the mother and newborn. If the family wants to ensure the safety of both, the parents can support or help to deny emancipation. If there are no parents, a guardian has this responsibility to ensure the well-being of the mother and baby. However, the judge will need to consider all the information given.
State Matters in Emancipation
There are certain rules and regulations in the state where the pregnant mother lives. In some states, she is an emancipated teen if pregnant and over the age of sixteen. This may require a process through the courts, but the rule will usually hold unless the family can prove a reason why she should remain under the care of parents or guardians. If the minor is no longer under the same household as the parents, she can then seek emancipation. Setting up a home with the child’s father, any friends or a romantic partner can increase the likelihood that the state will grant emancipation.
Mental Illness and Emancipation
The family can attempt to block the pregnant daughter from seeking emancipation if the parents or guardians can prove that the teen has a mental illness. This type of condition can help to prevent the youth from seeking outside accommodations because she cannot fend for herself without serious help. The pregnant teen that has a mental illness may not understand how her parents are attempting to protect her. In these situations, the parents or guardians may even need to seek conservatorship over the expecting mother. A lawyer is generally necessary to help prove the case.
Under the Age of Sixteen
If the pregnant mother is under sixteen, it is not often possible for her to seek emancipation because of the laws of the state. Many states will even prohibit the marriage of these minors to anyone because of the age of the individual. If the parents do not provide consent for the marriage, the pregnant mother may not have any chance of leaving the house. It is important that she receive the necessary care and help through the process. If the parents are caring and trying to help this expectant mother, it is usually possible to block emancipation processes because the pregnant teen is under sixteen.
For those pregnant teenagers that are to expect a child when under sixteen, it is possible that the parents can seek statutory rape charges against the father. When the parent or guardian is attempting to ensure the well-being of the youth, it is generally better for the pregnant mother to remain at home rather than move out and acquire emancipation. Certain requirements are necessary for marriage or emancipation in these special conditions. If the expectant mother cannot meet these criteria, the parents or guardians can successfully bock and prevent emancipation and help to care for the teen.
Legal Support for Blocking Emancipation
When a pregnant mother is attempting to acquire emancipation, the parents or guardians will need a lawyer to help present a valid case to the judge to prevent emancipation. This will require evidence and an argument that gives details and information that the judge can consider, deliberate and then provide a judgment on later.
Provided by HG.org